RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03342
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 30 Apr 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, impairment of sphincter control
and back strain, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His injuries are the result of lifting bombs onto aircraft and helicopters.
While he was not hit by enemy fire, his injuries are the result of
reacting to enemy attack.
In support of his request, applicant provided documentation associated with
his CRSC application, a personal statement, and a chronology of his tour in
Vietnam. His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Date extracted from the available military records reflects that applicant
served in the Air Force Reserves, Regular Air Force and Army National
Guard. He was progressively promoted to the grade of technical sergeant.
He served as an Inventory Management Specialist, a Fire Fighter, and a
Weapons Mechanic. He voluntarily retired from the Air Force on 1 Jul 04,
having served 20 years and 6 days on active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 90% for his unfitting conditions.
His CRSC application was disapproved on 11 Jun 04 based upon the fact that
his service-connected medical condition was determined not to be combat-
related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of his service and DVA
medical records show his back strain and loss of sphincter control are not
combat related. He claimed he received his injuries due to lifting bombs
onto helicopters and aircraft. Injuries sustained by lifting are not
considered to be eligible for CRSC. The fact that he incurred the
disability while performing his duties is not sufficient to support a
combat related determination without a direct relationship between the
combat and the injury of lifting itself.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 10 Dec
04 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After a thorough review of the available
evidence of record, it is our opinion that the service-connected medical
conditions the applicant believes are combat-related were not incurred as
the direct result of armed conflict, while engaged in hazardous service, in
the performance of duty under conditions simulating war, or through an
instrumentality of war, and therefore, do not qualify for compensation
under the CRSC Act. We agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt its rationale as the
basis for our conclusion that the applicant has not been the victim of an
error or injustice. In the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that the application will only be
reconsidered upon the submission of newly discovered relevant evidence not
considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2004-
03342 in Executive Session on 7 Sep 05, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James W. Russell III, Member
Mr. Christopher Carey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Aug 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 1 Dec 04.
Exhibit D. Letter, SAF/MRBR, dated 10 Dec 04.
THOMAS S. MARKIEWICZ
Chair
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